Intellectual property refers to creations of the mind, such as inventions,
literary and artistic works, designs, and symbols, names and images used in
commerce. It is protected in law by patent, copyright and trademark, which
enable people to earn recognition or financial benefit from what they invent or
Concept of Intellectual Property (IP)
The term 'property' is of widest importance. The Supreme Court defined property
to mean “the highest right a man can have to anything being that right which one
has to lands or tenements, goods or chattels which does not depend on another's
courtesy. It includes ownership of estates and interests in corporeal things,
and also rights, such as trademarks, copyrights, patents and even rights 'in personam' capable of transfer or transmission, such as debts, and signifies a
beneficial right to or a thing considered as having a money value, especially
with reference to transfer or succession, and of their capacity of being
Property may be corporeal and incorporeal. Corporeal property is always visible
and tangible. It relates to material things. Whereas, incorporeal property is
intangible and having no physical existence. Intellectual property rights deals
with intangible property.
Intellectual property is a legal concept which refers to creations of the mind
for which exclusive rights are recognised. Under IP Law, owners are granted
certain exclusive rights to a variety of intangible assets, such as musical,
literary and artistic works, discoveries, inventions and words, phrases, symbols
and design rights, trade dress and in some jurisdiction trade secrets. IP cannot
be defined or identified by its own physical parameters. Generally, trademarks,
copyrights, patents and trade secrets are referred to as intellectual Property.
History of IP
A Venetian Law of 1474 made the first systematic attempt to protect an invention
in the form of patent. In the same century, Johannes Gutenberg contributed to
the origin of the first 'Copyright System' in the world.
Although, the British Statute of Anne (1710) and the Statute of Monopolies
(1624) are now seen as the origins of the copyright and patent law respectively.
Modern usage of the terms dates back to 1867 with the founding of the North
German Federation whose Constitution granted legislative power over protection
of the IP to the federation, after the merger of Paris Convention (1883) and the
Berne Convention (1886) as adopted IP in their common title.
Objectives of IP
- To protect the rights of the product, its innovators, inventors,
research sponsors and the public.
- To eliminate the infringement, improper exploitation and abuse of the
project's intellectual assets belonging to the product or the other persons.
- To optimize the environment and incentives for research and for the
creation of new knowledge.
- To promote linkages with industry and stimulate research through
developing and utilizing novel technologies and creative works for
commercialization and plough back resources to the interested parties.
- To promote creativity and innovation.
- To ensure fair and equitable distribution of all benefits accruing from
all innovations and inventions.
Types of Intellectual Property
Intellectual property is usually divided into two branches:
Copyright is a bundle of rights given by the law to the creators of literacy,
dramatic, musical and artistic works and the producers of cinematography and
sound recordings. The rights provided under Copyright law include the rights of
reproduction of the work, communication of the work to the public, adaptation of
the work and translation of the work. Ideas or concepts do not have copyright
protection. Copyrights of works of the countries mentioned in the International
Copyright Order are protected in India, as if such works are Indian works.
The term of copyright in a work shall not exceed that limit which is enjoyed by
it in its country of origin. Acquisition of copyright is automatic and it does
not require any formality. Copyright comes into existence as soon as a work is
created and no formality is required to be completed for acquiring copyright.
However, certificate of registration of copyright and the entries made therein
serve as prima facie evidence in a court of law with reference to dispute
relating to ownership of copyright. Application for copyright can be filed in
Computer software or programme can also be registered as a 'literary work'. As
per Copyright Act, 1957 of India, 'literary work' includes computer programmes,
table and compilations, including computer database.
Source Code has also to be supplied along with the application for registration
of copyright for software products. The 2012 amendments make Indian Copyright
Law compliant with the Internet Treaties like the WIPO (World Intellectual
Property Organisation) Copyright Treaty (WCT) and WIPO Performances and
Phonograms Treaty (WPPT).
Industrial property means a property that is used for manufacturing, processing
or warehousing. It is a kind of intellectual property. It relates to creations
of the human mind. Such creations are inventions and industrial designs.
Industrial property includes trademarks, patents, industrial designs,
geographical indications, trade secrets, etc.
These are as follows:
Trademark A trademark is typically a name, word, phrase, logo, symbol, design, image,
or a combination of these elements. There is also a range of
non-conventional trademarks comprising marks which do not fall into these
standard categories, such as those based on colour, smell, or sound (like
jingles). A trademark cannot be offensive.
According to Section 2(1) (zb) of the Trademarks Act, 1999 of India, a
trademark should be capable of being represented graphically and should also
be capable of distinguishing the goods or services of one person from those
The function of trademark is to give an indication to the purchaser or a
possible purchaser as to the manufacture or quality of the goods or
services, to give an indication of his eye or the trade source from which
the goods or services come, or the trade hands through which they pass on
their way to the market.
In India, the first legislation in respect of trademark brought on the
statute book was the Indian Merchandise Marks Act, 1889. This act was
followed by the Trademarks Act, 1940. Accordingly, the Trademarks Act, 1999
was adopted which came into force on 15th September, 2003.
Patent A patent is an exclusive right granted for an invention, which is a product
or process that provides, in general, a new way of doing something, or
offers a new technical solution to a problem. This right is conferred by
Patent office. It is a right for an inventor to exploit his invention
subject to the provisions of Patents Act, 1970 for a limited period of time.
The object of Patent law is to encourage scientific research, new technology
and industrial progress. The price of the grant of monopoly is the
disclosure of the invention at the Patent office, which after the expiry of
the fixed period (i.e. 20 years) of the monopoly, passes into the public
domain. The fundamental principle of patent law is that a patent is granted
only for an invention which must have novelty and utility. It is essential
for the validity of a patent that it must be the inventor's own discovery as
opposed to mere verification of what was already known before the date of
the patent. A patentable invention, apart from being a new manufacture, must
also be useful.
Protection of Inventions Act was adopted in 1883. These acts were
consolidated in 1888 as the Inventions and Design Act. The Patents Bill
was introduced in the Lok Sabha on 21st September, 1965, which however
lapsed. In 1967, again an amended bill was introduced, which was referred to
as Joint Parliamentary Committee and on the final recommendation of the
committee, the Patents Act, 1970 was passed. The Act came into force on 20th
Some important facts related to patent are:
Ever greening of Patent is not Allowed: In order to be patentable, an
improvement on something known before or a combination of different matters
already known, should be something more than a mere workshop improvement,
and must independently satisfy the test of invention or an inventive step.
It must produce a new result, or a new article or a better or cheaper
article than before. The new subject matter must involve 'invention' over
It Allows Compulsory Licensing: This strikes balance between two
objectives, i.e. rewarding patentees for innovation and to make sure that
patented products, particularly pharmaceutical ones, are available to public
in developing and underdeveloped countries at affordable prices.
Industrial Design As per WIPO, “in a legal sense, an industrial design constitutes the
ornamental or aesthetic aspect of an article. An industrial design may
consist of three dimensional features, such as the shape of an article, or
two dimensional features, such as patterns, lines or colour.”
Industrial designs refer to the creative activity which results in the
ornamental or formal appearance of a product and 'design right' refers to a
novel or original design that is accorded to the proprietor of a validly
registered design. Industrial designs are an element of intellectual
property. In principle, the owner of a registered industrial design or of a
design patent has the right to prevent third parties from making, selling or
importing articles bearing or embodying a design which is a copy, or
substantially a copy of the protected design, when such acts are undertaken
for commercial purposes. Such rights are perpetual.
Under the TRIPS Agreement, minimum standards of protection of industrial
designs have been provided. As a developing country, India has already
amended its national legislation to provide for these minimal standards. The
existing legislation on industrial designs in India is contained in the New
Designs Act, 2000 and this Act serves its purpose well in the rapid changes
in technology and international developments.
India has also achieved a mature status in the 'field' of industrial designs
and in view of globalization of the economy, the present legislation is
aligned with the changed technical and commercial scenario and made to
conform to international trends in design administration.
Geographical Indications A Geographical Indication (GI) is a sign used on products that have a
specific geographical origin and possesses qualities or a reputation that
are due to that origin. In order to function as a GI, a sign must identify a
product as originating in a given place. In addition, the qualities,
characteristics or reputation of the product should be essentially due to
the place of origin. Since, the qualities depend on the geographical place
of production, there is a clear link between the product and its original
place of production.
A geographical indication right enables those who have the right to use the
indication to prevent its use by a third party whose product does not
conform to the applicable standards. For example, in the jurisdictions in
which the Darjeeling geographical indication is protected, producers of
Darjeeling tea can exclude the use of the term 'Darjeeling' for tea not
grown in their tea gardens or not produced according to the standards set
out in the code of practice for the geographical indication.
However, a protected geographical indication does not enable the holder to
prevent someone from making a product using the same techniques as those set
out in the standards for that indication. Protection for a geographical
indication is usually obtained by acquiring a right over the sign that
constitutes the indication.
Trade Secret Broadly speaking, any confidential business information which provides an
enterprise a competitive edge, may be considered as a trade secret. Trade
secrets encompass manufacturing or industrial secrets and commercial
secrets. The unauthorized use of such information by persons other than the
holder is regarded as an unfair practice and a violation of the trade
Depending on the legal system, the protection of trade secrets forms part of
the general concept of protection against unfair competition or is based on
specific provisions or case law on the protection of confidential
information. The subject matter of trade secrets is usually defined in broad
terms and includes sales methods, distribution methods, consumer profiles,
and advertising strategies, lists of suppliers and clients, and
The final determination of what information constitutes a trade secret will
depend on the circumstances of each individual case, and unfair practices in
respect of secret information include industrial or commercial espionage, breach
of contract and breach of confidence.
Theories of Intellectual Property
There are four main justifications offered for Intellectual Property Rights (IPRs),
which includes natural rights theory, utilitarian theory, ethic and reward
theory, personality-based or personhood theory.
The Natural Rights Theory
It is the theory of bulk of right that is vested only on human being. In another
sense, natural law is a doctrine of rights which are fundamental element to
survive as human being on this universe. Specially, great contribution of
natural law is human rights which exist in these days, in very powerful ways.
The natural rights theory considers that everyone has a natural property right
on his ideas. A person has a right to own the creation of his mind in the same
manner he owns creation of his labour. When a person is deprived of what he has
created, there is a violation of IP.
The problem is that natural right theory doesn't cope with the temporal
limitation of intellectual property rights. It is true that temporal limitation
is applicable to intellectual property. Intellectual property is most of the
time limited in time as to the protection accorded by law. The property in any
article or reason of his own mechanical labour is never denied him, the labour
of his mind is no less worth of the protection of the law. A person has natural
right to the fruits of his labour and that this should be recognised as his
property, whether in tangible or intangible term.
John Locke These
John Locke was an English philosopher and physician, widely regarded as one of
the most influential of Enlightenment thinkers and commonly known as the '
John Locke has two theses:
- Everyone has property right in the labour of his own body. The labour of
his body and the work of his hands are properly his.
- The appropriation of an unowned object (ideas or theories) arises out of
application of human labour to that object.
Mixing one's own labour with unowned thing confers upon a property right in the
whole thing. However, after appropriation, there must remain objects of similar
quality in sufficient quantity for others i.e. 'Enough and as good left for
Utilitarian is institution socially beneficial. Act utilitarianism is a
utilitarian theory of ethics which states that a person's act is morally right,
if and only if, it produces the best possible results in that specific
Act utilitarianism is based on the principle of utility, which is the basis of
all utilitarian theories and is best summed up in Bentham's well-known phrase,
'the greatest happiness for the greatest number'. It states that we have
intellectual property systems because it has the effect on the betterment of the
society. Its correctness is to be assessed in the economic success of the
This theory is advocated by economists such as Bentham and Mill and assumes that
the objective of any policy should be the attainment of the greatest good for
the greatest number. However, utilitarian arguments can be cut for or against
the claims of intellectual property rights. The utility gains from increased
incentives for innovation must be weighed against the losses incurred from
monopolization and their diminished diffusion. Thus, the problem arises, as the
benefits gained cannot be measured against the losses suffered.
Such kinds of theories have never been successful as we would expect them to be.
There is an objection from economists. When intellectual property is given
exclusive rights, according to them, it is a creation of a monopoly right.
Monopoly is contradistinguished with a perfectly competitive market. If monopoly
is unrestricted, it will result in market crush.
Whenever the law gives an exclusive right to the innovator, the right holder is
not enabled to control the problem. There are so many ways of resolving a
problem. That means there is no intellectual property law which prohibits other
innovators from innovating a solution to the same problem.
The Ethic and Reward Theory
The reward theory advocates rewarding individuals not only for their own labour,
but also for the societal benefit of their effort. This theory justifies the
exclusive rights of intellectual property with some moral and ethical aspect.
Indeed, the ethic requires a fair and proportional contribution for the effort
that the creator has made for the social utility. The exclusive rights are an
expression of gratitude to an author for doing more than society expects or
feels that they are obliged to do.
However, since rewards are given to people who did something disagreeable and
grievous for the benefit of the whole society, we could question whether
creators and inventors truly deserve it. By admitting that they do, it is
obvious that they definitively do not deserve it twice.
Some consider that the inventor is already remunerated considering that if the
invention is really in advance, the time between the apparition of his invention
and the first copies will give him enough profit to reward him. In this case, it
is evident that the exclusive right is far more excessive.
The Personhood Theory
The fundamental premise of the personhood or personality theory is that, for a
person to be able to develop fully, and strive towards self-actualization, it is
required that he has control over some elements of the external world. Property
rights, in this light, are a form of the necessary assurances of control.
According to this theory, the personality of everyone builds itself in work and
creation. This theory was propounded by Kant and Hegel. According to them, if
one's artistic expressions are synonymous with one personality, then they are
deserving of protection just as much as the physical person is deserving of
protection, since in a sense they are a part of that physical person.
Hegel, who is the main source of this theory, claims that intellectual rights
permit and protect the developing of the personality, which extends to the
material things. In the same way, the copier is considered as a thief who offers
to the public, someone else's spirit.
However, such a justification is deficient in the sense that the personality is
neither linked nor affected by the outcome of the creation because it is not
constitutive by itself of the human person. Indeed, when the creation is done,
the work is independent from its creator but dependent on the public. As a
matter of fact, the work obtains substance only because the others decided to
attach importance to it.
The personality theory is described by Fisher as justifying the property rights
“when and only when they would promote human flourishing by protecting or
fostering fundamental human needs or interests”. Such needs or interests include
privacy, individual self realisation, identity and benevolence. These needs have
been identified by Fisher himself.
In all of the theories, the nature and characteristics of economic efficiency
and social justice are greatly apart when the issue is attribution of rights. As
the name indicates, economic efficiency implies an allocation of rights which
complies with basic economic principles, namely the maximization of welfare.
Need of Intellectual Property Rights
Intellectual Property Rights (IPR) have become important in the face of changing
trade environment such as global competition, high innovation risks, short
product cycle, need for rapid changes in technology, high investments in
Research and Development (R&D) and highly skilled human resources, etc.
With the opening of trade in goods and services, there is a possibility of
infringement leading to inadequate return to the creators of knowledge. IPR
ensures that R&D costs and other costs associated with introduction of new
products are recovered and enough profits are generated in the market.
International Conventions Pertaining to Intellectual Property
IP has both national and international dimension. For example, patents are
governed by national laws and rules of a given country, while international
convention on patents ensure minimum rights and provide certain measures for
enforcement of rights by the contracting States.
The need for a system to protect IP internationally arose when foreign
exhibitors refused to attend an International exhibition of inventions in Vienna
in 1873, because they were afraid that their ideas would be stolen and exploited
commercially in other countries. This led to the creation of the Paris
convention for the protection of Industrial Property of 1883 which was the first
major international treaty.
In 1886, copyright entered the international arena
with the Berne convention for the protections of literary and artistic works.
Both these conventions set up international bureaux to carry out administrative
tasks. In 1893, these two small bureaux united to form an international
organisation called the United International Bureaux for Protection of
Intellectual Property, best known by its, french acronym, BIRPI which was the
predecessor of WIPO.
WTO agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS
Agreement), came into force in 1995, which brought with new era in the
multilateral protection and enforcement of IP rights.
Some important conventions pertaining to IP are as follows:
Paris Convention for the Protection of Industrial Property (1883)
The Paris Convention, adopted in 1883, applies to industrial property in the
widest sense, including patents, trademarks, industrial designs, utility models,
service marks, trade names, geographical indications and the repression of
unfair competition. This international agreement was the first major step taken
to help creators ensure that their intellectual works were protected in other
This convention created the provision of national treatment. Under the
provisions on national treatment, the convention provides that, as regards the
protection of industrial property, each contracting State must grant the same
protection to nationals of other contracting States that it grants to its own
nationals. Nationals of non-contracting States are also entitled to national
treatment under the convention, if they are domiciled or have a real and
effective industrial or commercial establishment in a contracting State.
The provisions of the Paris Convention may be sub-divided into four main
- A first category contains rules of substantive law which guarantee a
basic right known as the right to national treatment in each of the member
- A second category establishes another basic right known as the right of
- A third category defines a certain number of common rules in the field
of substantive law which contain either rules establishing rights and
obligations of natural persons and legal entities, or rules requiring or
permitting the member countries to enact legislation following those rules.
- A fourth category deals with the administrative framework which has been
set up to implement the Convention, and includes the final clauses of the
Berne Convention for the Protection of Literary and Artistic Works (1886)
The Berne Convention for the Protection of Literary and Artistic Works, usually
known as the Berne Convention, is an international agreement governing
copyright, which was first accepted in Berne, Switzerland, in 1886. The Berne
Convention deals with the protection of works and the rights of their authors.
The provisions of the Berne Convention may be sub-divided into three main
- Protection for every production in the literary, scientific and artistic
domain in any form.
- The right to translate makes adaptations and arrangements, perform in
public, communicate to the public, broadcast and make reproduction.
- According to the Berne Convention, all works, except cinematography and
photography, are copyrighted for a minimum term of 50 years after the death
of an author, but longer terms may be provided to related parties.
Declaration relating to Article II and III of Appendix to Paris Act (1971)
On March 28, 2018, the World Intellectual Property Organisation has notified a
declaration referring to the deposit by the Government of the Republic of India,
on October 7, 1974, of its instrument of ratification on the Berne Convention
for the Protection of Literary and Artistic Works (1886), as revised at Paris on
July 24, 1971 and to its subsequent deposits, on February 1, 1984 and June 7,
1984 of declarations according to which the Government of the Republic of India
availed itself of the faculties provided for the Article II and III of the
Appendix to the Berne Convention during the 10 years period that will expire on
October 10, 2024.
The said declaration shall enter into force, with respect to
the territory of the Republic of India, on March 28, 2018. The Article II of the
Appendix would enable the Republic of India to substitute for the exclusive
right of translation of a work, which has been published in printed or analogous
forms of reproduction, granted by the competent authority, only for the purpose
of teaching, scholarship or research.
The Article III of the Appendix would
enable the Republic of India to substitute for the exclusive right of
reproduction of a work, which has been published either in printed or analogous
forms of reproduction, or in audio-visual form of lawfully made audio-visual
fixations, to publish an edition which has not been distributed/on sale for a
period of 6 months, except when either the translation is not published by the
owner of the right of translation or with his authorization, or when the
translation is not in a language general in use in India.
India has been the
Member of Berne Convention since 28th April, 1928 and has been submitting the
declaration as per Article II and III of the Appendix from time to time. The
present notification is in continuation of India's earlier position.
Universal Copyright Convention, 1952
The Universal Copyright Convention (UCC) was adopted in 1952 in Geneva,
Switzerland. It was developed by United Nations Educational, Scientific and
Cultural Organisation (UNESCO) as an alternative to the Berne Convention.
While countries may continue to become members of the UCC, the UCC has lost some
significance because most States are members of the World Trade Organisation and
conform to regulations under TRIPS agreement.
Main features of UCC are as follows:
- No signatory nation should accord its domestic authors more favorable
copyright treatment than the authors of other signatory nations, though no
minimum protection for either domestic or foreign authors is stipulated.
- A formal copyright notice must appear in all copies of a work and
consist of the symbol, the name of the copyright owner, and the year of
first publication, a signatory nation, and may require further formalities,
provided such formalities do not favour domestic over foreign works.
- The minimum term of copyright in member nations must be the life of the
author plus 25 years, except for photographic works and works of applied
art, which have a 10 year term.
- All adhering nations are required to grant an exclusive right of
translation for a 7 year-period, subject to a compulsory license under
certain circumstances for the balance of the term of copyright.
WIPO Convention, 1967
The WIPO Convention is the multilateral treaty that established the World
Intellectual Property Organisation (WIPO). The Convention was signed at
Stockholm, Sweden, on 14th July, 1967 and entered into force on 26th April,
1970. The origins of WIPO go back to 1883 and 1886, when the Paris Convention
for the Protection of Industrial Property and the Berne Convention for the
Protection of Literary and Artistic Works, respectively, were concluded. Both
conventions provided for the establishment of an International Bureau. The two
bureaus were united in 1893 and, in 1970, were replaced by the World
Intellectual Property Organisation, by virtue of the WIPO Convention.
main objectives are:
- To promote the protection of intellectual property worldwide and
- To ensure administrative cooperation among the intellectual property
Unions established by the treaties that WIPO administers.
India became a member of WIPO in 1975. It is currently a member of the following
agreements administered by WIPO Berne Convention (1928), Phonograms Convention
(1975), Nairobi Treaty (1983), Paris Convention (1998), PCT (1998), Budapest
Treaty (2001), Madrid Agreement Concerning the International Registration of
Marks and Protocol Relating to the Madrid Agreement (2013).
India has continued its constructive engagement with WIPO and participated
actively in the meetings of the WIPO Standing Committees on Intellectual
Property and Development, Patents, Copyright and Related Rights, Trademarks,
Industrial Designs and Geographical Indications, the Inter-Governmental
Committee on Traditional Knowledge, Folklore and Genetic Resources, the Advisory
Committee on Enforcement, the PCT Working Group and other bodies dealing with
Patent Cooperation Treaty, 1970
The Patent Cooperation Treaty (PCT) is an international patent law treaty,
concluded in 1970. It provides a unified procedure for filing patent
applications to protect inventions in each of its contracting States. The PCT
focuses on bringing the world within reach, on streamlining the process of
fulfilling diverse formality requirements, to postpone the major costs
associated with international patent protection, to provide a strong basis for
patenting decisions and is used by the world's major corporations, research
institutions and universities in seeking international patent protection.
The procedure under the PCT has the following advantages for the applicant:
- Presentation of a single 'international' patent application in compliance
with the formal requirements of the PCT, made in one language and the payment of
a single amount of fees.
- International Search where an International Searching Authority (ISA)
analyses the invention and provides an opinion on the potential
- International publication in which the content of the international
application is disclosed internationally, immediately after expiry of the
period of 18 months from the earliest filing date (priority date).
- The office in charge of the 'International Preliminary Examining may perform
at the request of the applicant, an additional patentability analysis, usually
on an amended version of the application.
- After the international phase is finalized, the application enters into
the national phase, requesting 'the granting of the patent' in the National Patent
Offices of the countries seeking protection. The granting of patents remains a
matter of national patent offices.
India approved the PCT and the Ministry of Foreign Affairs deposited the
required instrument with the Director General of WIPO on September 7, 1998 and
PCT became 'Applicable' to India from December 7, 1998.
TRIPS (Trade Related Intellectual Property Rights) Agreement, 1994
One of the most important agreements of WTO is the TRIPS Agreement. The
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is an
international legal agreement between all the member nations of the World Trade
TRIP was negotiated at the end of the Uruguay Round of the General Agreement on
Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.
This agreement came into force on Ist January, 1995. This agreement sets down
the minimum standard for many forms of intellectual property regulations. The
agreement is, till date, the most comprehensive agreement of a multilateral
nature on IP.
Following areas of Intellectual Property covered under the agreement are:
The agreement is a seven-part document containing complex provisions with
respect to Intellectual Property rights.
- Copyrights and related rights (like the rights of performers, producers
of sound recordings and broadcasting organizations)
- Trademarks (also service marks)
- Geographical indications (including appellations of origin)
- Industrial designs
- Patents (including protection of new variety of plants)
- Layout-designs of integrated circuits
- Undisclosed information (Trade secrets and Test data)
Following is a brief description of the structure of the Agreement:Part I The general provisions and the basic principles of National Treatment and
Most Favoured Nation are covered under this part. (Article 1 to Article 8)
Part II The standards concerning availability, scope and use of Intellectual
Property Rights is covered under this part. (Article 9 to Article 40)
Part III This part deals with the enforcement of IPRs. (Article 41 to Article
Part IV This part addresses the provisions for acquiring and maintaining IPR.
Part V This part deals with prevention and settlement of disputes arising out of
the provisions of the Agreement. (Article 63 to Article 64)
Part VI This part is concerned with transitional agreements. (Article 65 to
Part VII This part of the Agreement concerns various institutional agreements.
(Article 68 to Article 73)
Features of Agreement
Standards: In respect of each of the IP areas covered by the agreement, all
member nations are obliged to provide a minimum set of standards for the
protection of IPRs. Each area of IP is covered such that it clearly describes
the main elements of protection, i.e. the subject-matter which seeks protection,
rights which are to be conferred and permissible exceptions to such rights and
also the minimum duration of protection.
Enforcement:Each member nation is obliged to provide domestic procedures and
remedies with respect to protection of IPR. Further, the agreement lays down
certain other provisions so that right holders can effectively enforce their
rights. These provisions relate to civil and administrative procedures and
remedies and detailed specifications as to special requirements related to
border measures and criminal procedures.
All the disputes arising between members of WTO with respect
to the obligations arising out of the TRIPS Agreement are subject to WTO's
dispute settlement procedures.